The law protects British holidaymakers by ensuring that holiday companies displaying a “lack of reasonable care and skill” can be held accountable, even if it was the hotel staff that caused the accident or illness.

But this doesn’t apply to people booking accommodation through increasingly popular direct booking sites.

For example, if they have booked their flights and hotel separately, they are subject to the local law.

Non-package holidaymakers in Spain, in particular, are falling into the trap of assuming that they have the same amount of time to embark on a claim in Spain as they would in the UK.

In fact, injured Brits in Spain have only one year to file a claim from the date of an accident or the date they are discharged from hospital.

Victims of crime in Spain have one year to make a claim from the date the end of the investigation and archiving of the case file.

Lawyers say the Spanish laws are “out of phase” with most European countries.

Time limits vary widely between EU member states, with many countries allowing injured people more than three years to make a claim.

Outside of Europe, time limits range from two to 30 years - the only exception being China, which shares the same one year time limit as Spain.

In some countries, time limits can vary depending on the specific circumstances of an accident.

Nolan Mortimer is a solicitor with Simpson Millar LLP and has 15 years’ experience working on compensation claims for people injured abroad.

He said: “Before you go if possible, book a package holiday - you get more rights and support when something goes wrong.

“Also, ensure you have insurance. I would recommend an annual policy so you are covered for issues that may prevent you from going on holiday as well as whilst you are away.

“Whilst away if something goes wrong, ensure that you tell the rep, or call the holiday emergency line if you cannot sort it out locally with the hotel or local service provider.

“Log the complaint and get written confirmation if you can. Takes names and contact details of any others affected and photos of anything relevant.

“When you get back follow up in writing or by e-mail. If it is a serious matter, don’t be afraid to seek advice from Holiday Travel Watch, a free consumer champion, or from a solicitor.”

A spokesman for the Foreign Office said: “Wherever you’re going, it’s important to prepare before you go. Stay healthy and safe abroad by taking some simple precautions.

“Plan your trip using our foreign travel checklist, learn about the laws, customs and entry requirements of the country you’re visiting using our foreign travel advice and make sure you have the right travel insurance (and your free European Health Insurance Card if you’re travelling in Europe).”